Michigan Senate Bill SB1120

Michigan 2023-2024 Regular Session

• Introduced: 11/14/24
• Refer: 11/14/24

Caption

Courts: other; utilization of the Stored Communications Act; allow. Amends sec. 1 of 1966 PA 189 (MCL 780.651).

Impact

The amendments proposed in SB1120 could have substantial implications on how law enforcement conducts investigations in Michigan. By allowing warrants to be processed electronically, it may expedite the time frame within which law enforcement can act on obtaining evidence. This change would be particularly notable in scenarios where physical presence is not possible or practical, ensuring that justice and legal processes are not delayed due to logistical challenges. However, this convenience may raise concerns regarding the adequate supervision of such remote processes, and the preservation of due process rights during electronic submissions.

Summary

Senate Bill 1120 seeks to amend the existing procedures for obtaining search warrants under 1966 PA 189. The bill specifically introduces provisions that allow warrants to be issued through electronic or electromagnetic means, thereby modernizing the process in light of advancements in communication technology. Under this proposed legislation, judges or magistrates would be authorized to issue search warrants remotely, provided that the applicant swears under oath, either in person or through electronic means. This aims to streamline the warrant issuance process, offering a more efficient approach in urgent cases requiring immediate action.

Contention

Notable points of contention may arise regarding the implications for privacy and public access to information. The bill outlines that affidavits for search warrants would become public documents on the fifty-sixth day following issuance, unless a suppression order is obtained. This could invoke significant debate around the balance between the public's right to be informed and the privacy of individuals who may be under investigation. Additionally, the provision allowing electronic communication might lead to questions about the reliability and security of electronic signatures and the procedures surrounding their use, potentially sparking discussions about the need for safeguards against abuse of these electronic processes.